the nitrogen solution even though that’s much more expensive. Breach of warranty was the proximate cause of the property damage. Also, Southern States breached the implied warranty that the herbicides were fit for their particular purpose. 24-3 // Womco, Inc v. Navistar International Corporation Facts: Both the Womco Appellants and Hall Appellants purchased several tractor trucks manufactured by Navistar through a dealer. They both had problems with their trucks’ engines overheating. They took it to their respective dealerships for diagnoses and repairs, but the mechanics were unable to fix the problem. The president of Womco had one of the trucks inspected by a radiator source, Rodieck. Rodieck found no problems with the radiator, but replaced the core. He also mentioned that it was particularly small. When the president had an audit conducted of the cooling system of one of the trucks, he realized that the trucks were overheating due to insufficient radiator capacity. Issue: Did the appellees disclaim both the implied warranty of merchantability and fitness for particular purpose?

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Janine Nipal Holding: Yes, the judgment was reversed as to the appellants’ claim for breach of warranty and is remanded to the trial court for further proceedings. Rule of Law: The Texas UCC allows sellers to disclaim both the implied warranty of merchantability as well as the implied warranty of fitness for particular

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